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Customer Question
my employer is trying to...
my employer is trying to change my job sa I am salarid and they wish to change to hourley rate with no notice
Submitted: 5 years ago.Category: UK Employment Law
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Answered in 1 minute by:
1/8/2013
Solicitor: Ben Jones, UK Lawyer replied 5 years ago
Ben Jones
Ben Jones, UK Lawyer
Category: UK Employment Law
Satisfied Customers: 50,165
Experience: Qualified Employment Solicitor
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Ben Jones :

Hello and thank you for your question, which I will be happy to assist you with. Please let me know how long have you worked there for?

JACUSTOMER-349804ow- :

I have worked for them for 22yrs

Ben Jones :

So are they just changing the way you are paid or id the whole job changing, including duties

JACUSTOMER-349804ow- :

yes can I claim redunsecy

Ben Jones :

yes to what please - can you please refer to my last question

JACUSTOMER-349804ow- :

they want to change my job and my pay to hourley paid

Ben Jones :

ok so your duties are changing as well?

JACUSTOMER-349804ow- :

they will if I dont object. have been there 22 yrs butcher . QC for the last 10

Ben Jones :

ok let me get my advice ready please

Ben Jones :

What your employer is proposing to do is amend your contract of employment.


 


There are several ways in which an employer may try and make changes to an employee’s contract of employment. These are:


 


1. By receiving the employee’s express consent.


2. By forcefully introducing the changes (called 'unilateral change of contract').


3. By giving the employee notice to terminate their current contract and then offer them immediate re-engagement under a new contract that contains the changes.


 


If the employee agrees to the changes then that would usually put an end to the matter.


 


If the changes are introduced forcefully then the following options are open to the employee:


 


1. Start working on the new terms but making it clear in writing that they are working ‘under protest’. This means that the employee does not agree with the changes but is only working them because they feel they are forced to. In the meantime they should try and resolve the issue either by informal discussions or by raising a formal grievance.


 


2. If the changes are serious enough (e.g. a change to pay, duties, place of work, etc.) the employee may wish to consider resigning and claiming constructive dismissal. The resignation must be done without undue delay so as not to give the impression that the changes had been accepted. The claim must be submitted in an employment tribunal within 3 months of resigning and is subject to the employee having at least 1 year’s continuous service.


 


3. Finally, if the employment is terminated and the employer offers re-engagement on the new terms that could potentially amount to unfair dismissal. However, the employer can justify the dismissal and the changes if they had a sound business reason for dismissing an employee who refuses to accept the variation in terms. This could be pressing business needs requiring drastic changes for the company to survive. If no such reason exists, the employee can make a claim for unfair dismissal in an employment tribunal. The same time limit of 3 months to claim and the requirement to have 1 year’s continuous would apply.


 


In terms of redundancy this would only happen if you are actually made redundant. The employer does not have to make you redundant when they change your contract of employment so unless they treat this as a redundancy they do not have to pay you redundancy pay. However, you are still entitled to challenge this as per the advice above, most commonly through a constructive dismissal claim. Alternatively you may try and agree some form of compensation package with the employer.


 

Ben Jones :

Please take a second to leave a positive rating. If you need further clarification please do NOT rate yet and simply get back to me with any queries or comments you have and I will be happy to assist further. Thank you

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